Common use of Policies, Practices and Procedures Clause in Contracts

Policies, Practices and Procedures. 12.1 To the extent if any that it has not already done so, within three (3) months after Final Approval of this Agreement, Kmart shall adopt and implement the following policies in all Covered Areas in all Covered Stores: 12.1.1 There will be a distance of at least thirty-two (32) inches between garments on any side of a Four-Way Rack that is adjacent to another Four-Way Rack. 12.1.2 There will be a distance of at least thirty-two (32) inches between the front and back sides (i.e., the longer sides) of any table used to display merchandise and the front and back sides of any other table used to display merchandise. 12.1.3 At a minimum, there will be a path of at least thirty-two (32) inches to at least one side of each Moveable Display in all Covered Areas. In order to avoid “dead ends” that would cause Settlement Class Members to have to drive their wheelchairs or scooters backwards among Moveable Displays, to the extent architectural elements permit, all such thirty-two (32) inch paths will connect at each end with another path of at least thirty-two 32 inches in width. 12.2 To the extent if any that it has not already done so, within three months after Final Approval of this Agreement, Kmart shall adopt and implement the following policies in eighty (80) percent of the Moveable Display Areas in Kmart Stores that are non-Covered Stores: 12.2.1 There will be a distance of at least thirty (30) inches between garments on any side of a Four-Way Rack that is adjacent to another Four-Way Rack. 12.2.2 There will be a distance of at least thirty (30) inches between the front and back sides (i.e., the longer sides) of any table used to display merchandise and the front and back sides of any other table used to display merchandise. 12.3 Customer service relating to access to apparel and furniture: 12.3.1 Kmart shall post signs near each entrance of each store that will: 12.3.1.1 state that Kmart offers a service for customers who are disabled and use a wheelchair or scooter for mobility, and who may experience difficulty accessing furniture and merchandise on apparel racks; and 12.3.1.2 inviting such customers to come to the customer service desk for assistance. 12.3.2 The signs referred to in Paragraph 12.3.1 shall be at least two (2) feet high and one and a half (1½) feet wide, shall be mounted approximately forty-eight (48) inches above the finished floor, and shall be substantially in the form of Exhibit 3 hereto. 12.3.3 All customers who are disabled and use a wheelchair or scooter for mobility will be offered the following options by the customer service desk: 12.3.3.1 A member of Kmart Personnel will be made available to assist the customer in accessing apparel or furniture that is inaccessible; or 12.3.3.2 A two-way communication device will be made available to the customer. The customer would be able to use that device to contact the customer service desk if and when the customer runs into difficulty accessing merchandise items and requires assistance in doing so. At such time, the customer service desk will arrange for a member of Kmart Personnel to assist the customer in accessing apparel or furniture that is inaccessible. 12.3.3.3 Kmart will use its best efforts to ensure that Kmart Personnel will begin providing assistance within three (3) minutes of a request under Paragraph 12.3.3.1 or a contact by the two-way communication device requesting assistance. 12.4 If a customer who uses a wheelchair or scooter requests assistance from Kmart Personnel in accessing inaccessible merchandise, the person receiving the request shall provide such assistance regardless of whether he or she is assigned to the area of the store in which assistance is requested. 12.5 At least one checkout lane at the front of the store that complies with Section 7.3 of the Standards (“Accessible Checkout Lane”) shall be open and staffed at all times that the Kmart Store in question is open. If there is only one Accessible Checkout Lane at the front of the store that is open and staffed, its use shall not be limited in any way, for example, to “express checkout” for customers with fewer than a designated number of items. It is adequate for these purposes for the Accessible Checkout Lane to be the Service Desk if the Service Desk is the only checkout lane open for all customers and if it complies with the Standards. 12.6 Kmart Stores shall be maintained so that people who use wheelchairs or scooters have access to each Kmart Store and to all facilities and merchandise within each Kmart Store as follows: 12.6.1 All merchandise displayed on Fixed Displays shall be on an Accessible Route, provided that, boxes or other containers of merchandise that are being used in the stocking process may obstruct access to merchandise if the associate engaged in stocking is in attendance, working with the boxes or containers in question, provided further that the boxes or containers may be left unattended for a brief period of time when, for example, the associate is required to assist a customer. Access to merchandise on Fixed Displays may not be obstructed by ladders, equipment or, with the exception set forth in Paragraph 12.6.4, Aisle Stacks, provided that a ladder or piece of equipment may be left in an aisle if it is being attended by an associate or is left unattended for a brief period of time when, for example, the associate is required to assist a customer. 12.6.2 All appliances that are displayed directly on the sales floor shall be on an Accessible Route. 12.6.3 There shall be a path of thirty-six (36) inches to all merchandise displayed in a Drive Aisle. 12.6.4 “Aisle Stacks,” defined as displays of merchandise placed in an aisle adjacent to shelving, are permitted only in the Pantry of a Big K Kmart Store or the Grocery of a SuperK Kmart Store. Furthermore, ▇▇▇▇▇ ▇▇▇▇▇▇ must be placed so that they do not obstruct access for people who use wheelchairs or scooters to any category of merchandise. 12.6.5 Fitting rooms required under the Standards to be accessible shall be on an Accessible Route, shall be free and clear of obstructions, and shall only be locked if all other fitting rooms are locked. 12.6.6 Restrooms required under the Standards to be accessible shall be on an Accessible Route, shall be free and clear of obstructions, shall only be locked if all other restrooms are locked, and shall be accessible through a door that requires no more than five pounds of force to open. 12.6.7 Parking spaces and parking access aisles required under the Standards to be accessible shall be on an Accessible Route and shall be free and clear of obstructions. Periodic restriping shall be conducted so that the parking spaces and access aisles are in compliance with the Standards. 12.6.8 If merchandise is displayed for sale on a sidewalk or in a parking lot at a Kmart Store, it will be arranged so that an Accessible Route is maintained to the merchandise so displayed and to an accessible entrance to the Kmart Store. 12.6.9 Each service counter that is not a checkout counter shall be on an Accessible Route. At each service counter that is not a checkout lane but that contains a cash register, the lowered portion of such counter shall be clear and free of obstructions, including but not limited to the cash register or there shall be a flip down counter that provides substantially equivalent access to the maximum extent practicable, which flip down counter shall be maintained in working condition, free and clear of obstructions. 12.6.10 Access to an entire area of a Kmart Store may be blocked if access is blocked for all customers, regardless of disability. 12.6.11 It is understood between the Parties that the footwear departments of the Kmart Stores are operated by a third party pursuant to a license agreement. Kmart will use its reasonable best efforts to attempt to ensure compliance with Paragraph 12 of this Agreement by such third party, provided that failure by such third party to comply shall not subject Kmart to any remedies under this Agreement. If a pattern of noncompliance is identified in the footwear departments of Kmart Stores pursuant to Paragraph 14 below, Kmart will write to the entity that controls the footwear department in question, inform it of its legal obligations to comply with the ADA, describe the specific ways in which the area in question does not comply with the ADA, and request the entity to bring the area in question into compliance. Kmart shall provide a copy of any such correspondence to Class Counsel at the same time it is sent to the addressee entity. 12.6.12 Kmart will ensure that any future contracts, licenses or other arrangements through which it permits a third party to conduct retail operations within a Kmart Store will require the third party to comply with Title III of the ADA. 12.7 Kmart shall use its best efforts to ensure that all of its employees who work in the public spaces of Kmart Stores provide requested assistance to people who use wheelchairs or scooters, including, but not limited to, retrieving merchandise and carrying purchases to vehicles, provided that Kmart Personnel may request that the vehicle be moved to a reasonable location. Kmart Personnel shall use their reasonable best efforts in attempting to identify the driver of any vehicle blocking a vehicle belonging to a person who uses a wheelchair or scooter, such as by making announcements on the public address system and will, in the course of regular restriping of its parking lots and to the extent it is responsible for such restriping, cause the words “No Parking” to be painted into all parking access aisles in letters at least twelve (12) inches in height. 12.8 Kmart shall permit individuals who use wheelchairs or scooters to be accompanied by a service animal while shopping in a Kmart Store to the extent required by the ADA, the Department of Justice regulations and written guidance on service animals.